Mayo L. Makarczyk

Mayo specializes in writs and appeals for the firm’s construction defect and complex consumer litigation practice groups, and also litigates cases on behalf of homeowners and homeowners associations.  Since 2011, he has been certified as an appellate specialist by the California State Bar.  Before joining the firm in 2009, Mayo worked at Dunn Appellate Law in Pasadena.  Prior to that, his practice focused on insurance coverage, insurance bad faith, and professional malpractice.

Mayo has represented clients in numerous appellate matters over the past decade, and has argued on 17 occasions before Courts of Appeal statewide.  Results include the following published and unpublished opinions:

1426 North Laurel Avenue Homeowners Association v. Sunset on Sunset, LLC (2^nd Dist.) 2016 Cal.App. Unpub. Lexis 3875:  Upheld finding that individual developer is liable under alter ego theory for verdict in favor of homeowners association in the amount of $4.978 million.

Long v. Provide Commerce, Inc. (2^nd Dist. 2016) 245 Cal.App.4^th 855:  Court of Appeal ruled in favor of consumers in class-action against flower-delivery service which sought to enforce arbitration provision in internet “click-wrap” agreement.

McMillin Albany, LLC v. Superior Court (5^th Dist. 2015) 239 Cal.App.4^th 1132, review granted Nov. 24, 2015:  Presently before the California Supreme Court, this matter will determine whether California homeowners remain entitled to seek relief under the common law for defects in their homes.

Lunada Biomedical v. Nunez (2^nd Dist. 2014) 230 Cal.App.4^th 459:  Court of Appeal ruled in favor of consumers in class action against maker of an ineffective menopausal pain treatment, establishing rule that exercise of rights under consumer-protection statute does not subject consumers to action for declaratory relief.

Winser v. Pardee Homes (2^nd Dist., Div. 6) 2014 Cal.App. Unpub. Lexis 5567:  Court of Appeal upheld denial of builder’s claim for expert fees incurred at trial.

Imburgia v. DirecTV (2^nd Dist. 2014) 225 Cal.App.4^th 338, reversed by U.S. Supreme Court in DirecTV v. Imburgia (2015) 136 S.Ct. 463:  Court of Appeal found in favor of California consumers in class action to recover unlawfully-imposed disconnect fees.  Reversed by the United States Supreme Court in a 6-3 opinion.

McCaffrey Group, Inc. v. Superior Court (5^th Dist. 2014) 224 Cal.App.4^th 1330:  Concerned the parameters applicable to builders who adopt prelitigation procedures under construction defect-related legislation known as SB800.

Darling v. Superior Court (1^st Dist. 2012) 211 Cal.App.4^th 69:  Concerned builder’s obligation to comply with statutory disclosure requirements under SB800.

Antangan v. Shea Homes, Inc. (2^nd Dist., Div. 6) 2012 Cal.App. Unpub. Lexis 3425:  Court of Appeal upheld award of expert fees to plaintiffs in construction defect action.

Hughes v. Shapell Industries, Inc. (2^nd Dist.) 2012 Cal.App. Unpub Lexis 2298:  Court of Appeal upheld order granting special motion to strike against builder that cross-complained against homeowners for failure to comply with unenforceable prelitigation procedure.

Baeza v. Superior Court (5^th Dist. 2011) 201 Cal.App.4^th 1214:  Concerned applicability of statutory protections of homeowners to builders who utilize contractual prelitigation procedure.

Anders v. Superior Court (5^th Dist. 2011) 192 Cal.App.4^th 579:  Court of Appeal reversed ruling that builder who had sought to utilize unenforceable contractual prelitigation procedure could “fall back” on statutory procedure.

Bertlow v. Arnaiz Development Co., Inc. (3^rd Dist.) 2010 Cal.App. Unpub. Lexis 1647:  Court of Appeal upheld denial of builder’s attempt to enforce unconscionable arbitration agreement.

Heckenlively v. Storey (4^th Dist., Div. 2) 2010 Cal.App. Unpub. Lexis 4576:  Court of Appeal reversed verdict and damages award granted under theory of quantum meruit.

Milwicz v. Public Storage (2^nd Dist.) 2010 Cal.App. Unpub. Lexis 1870:  Court of Appeal reversed order dismissing lawsuit based upon wrongful sale of stored items.

Allesandro v. Tecau (4^th Dist., Div. 3) 2009 Cal.App. Unpub. Lexis 2009:  Court of Appeal reversed order granting attorney fees to the defendant in dispute between neighboring property owners.

Vidrio v. Hernandez (2^nd Dist. 2009) 172 Cal.App.4^th 1443:  Concerned enforceability of award of monetary sanctions for failure to participate in good faith in court-ordered mediation.